Probate Lawyer Serving Auburn Hills

Auburn Hills Probate Lawyer

The passing of a family member can be overwhelming. Grief affects people differently, but many experience profound sadness, denial, frustration, and anger. Managing these emotions, in addition to working through the often-complicated Michigan probate process, can cause stress and anxiety.

At Bingham Legal Group, PC, our compassionate probate attorneys understand your situation and want to help you move through probate as efficiently as possible. That means taking the time to get to know you, reviewing the specifics of your situation, and finding legal solutions to your issues. We can help you settle your loved one’s affairs with sensitivity and compassion.

If you live in the Auburn Hills area, the legal team at Bingham Legal Group can help you manage the Michigan probate process from start to finish. Contact our office today at (248) 594-1919 and set up a confidential legal consultation to discuss the specifics of your situation.

What Is Probate?

The first step in understanding what’s to come after a family member’s passing is reviewing the probate process. Probate is the court-supervised process of validating a will and wrapping up a deceased person’s estate. That includes the payment of debts and taxes, as well as the division and distribution of property and assets from a deceased individual’s estate to their beneficiaries.

Some of the steps that can occur during probate when the deceased leaves a will include:

• The court verifying that the will is valid
• The court appointing a personal representative or confirming an executor
• The executor inventorying and valuing the deceased’s property and assets
• The executor paying debts and taxes on behalf of the estate
• The executor dividing and distributing assets to all beneficiaries
• The executor providing a final accounting of estate transactions to the court

The probate process is slightly different if the deceased didn’t have a will.

Does It Matter if the Deceased Had a Will?

Yes. Leaving behind a valid will makes a dramatic difference. When an individual outlines their final wishes in a will, they direct the distribution of their assets after their passing. One of the benefits of having a will is that the deceased has control of what happens to their assets when they die. A will can eliminate any confusion as to the deceased’s final wishes and can reduce any potential for infighting, especially in situations where complicated family dynamics exist.

When someone writes a will, they can name the person they want to manage their affairs after they pass. This person is called the executor. An executor has the authority to, and is required to, satisfy all debts of the estate and taxes the deceased owes from the assets of the estate. They must manage the division and distribution of assets to beneficiaries as outlined in the will.

Probate works differently when someone dies without a will. Because the deceased left no instructions about how they wanted their property distributed, the court will distribute the estate’s assets based on Michigan intestate succession laws. Those laws dictate which family members may inherit what portion of the deceased’s assets. The surviving family members and their potential inheritances are as follows:

• Surviving spouse but no descendants or parents – The spouse inherits all assets.
• Surviving descendants but no spouse – The children can inherit all assets.
• Surviving spouse and surviving descendants – The spouse inherits the first $150,000 plus half of any balance of the intestate estate; descendants can inherit everything else.
• Surviving spouse and descendants from a previous relationship – Spouse inherits the first $100,000 plus half of any balance of the intestate estate, and descendants inherit everything else.
• Surviving spouse and surviving parents but no descendants – The spouse inherits the first $150,000, plus 3/4 of any balance of the intestate estate, and parents inherit everything else.
• Surviving parents but no spouse – Parents inherit everything equally
• Surviving descendants of the parents but no spouse, descendants, or parents survive – Siblings inherit everything.

The listed dollar amounts were set in 2000. Since then, Michigan has allowed changes based on cost-of-living adjustments, which change each year. If your loved one passed away in the Auburn Hills area without a valid will, it is best to consult an experienced probate attorney who can explain the implications of intestate succession in your circumstances.

Do You Need an Auburn Hill Probate Attorney?

The simple answer is yes. Whether you were named the executor of your loved one’s estate in the will or whether you wish to be appointed the executor by the court, you’ll need a lawyer’s guidance to make sure all the legal requirements are met.

Probate can be an exhausting, emotional, and time-consuming process that you do not want to try to handle on your own. There is much at stake, and an attorney can help you deal with the process from state to finish, ensuring that your loved one’s wishes and Michigan laws are appropriately implemented.

Effective legal representation provides you with the advice and guidance you need to distribute your loved one’s assets as they would have wished or to obey Michigan’s intestate succession laws. Having a lawyer who provides such representation means you can rely on them to provide compassionate, emotional support during this challenging time. At Bingham Legal Group, we do more than offer comprehensive and strategic legal advice. We are here to give you a helping hand and a shoulder to lean on.

Probate is complicated and can turn family members against each other, causing fighting, bickering, and legal challenges to distributing assets and property, especially when there is no will. We have the skills and resources to manage complex family dynamics and resolve disputes through negotiation, mediation, or litigation. We can also help you negotiate with aggressive creditors to settle debts and tax issues that may affect the beneficiaries’s inheritances.

Resources for Auburn Hills, Michigan Residents

If you live in Auburn Hills, you may need help finding the resources to cope with losing a beloved family member. These outlets may provide some of the information you need.

• Oakland County Probate Court
• Auburn Hills, Michigan Support Services
• Havenwyck Hospital and Mental Health Rehabilitation
• Ascension Medical Group

Contact a Michigan Probate Attorney for More Information  

At Bingham Legal Group, we know that you are suffering. Probate can be an emotionally taxing, long, and complex process. We aim to help you move through the probate process in the most stress-free manner possible.

Take the first step toward securing your family member’s legacy and protecting your family. Contact a probate attorney from Bingham Legal Group today at (248) 594-1919 to set up a confidential legal consultation.

Directions to Our Office:

Following these directions, you can find our office at 30100 Telegraph Road, Suite 360, Bingham Farms, MI, from anywhere in the Auburn Hills area. If you need additional assistance, please contact our office.

From the North:

• Take I-75 S toward Detroit
• Take the exit for W 14 Mile Rd
• Turn right onto W 14 Mile Rd
• Turn left onto US-24 S
• Destination will be on your left

From the South:

• Take I-75 N toward Flint
• Take the exit for W 14 Mile Rd
• Turn left onto W 14 Mile Rd
• Turn left onto Telegraph Rd
• Destination will be on the left

From the East:

• Take I-696 W toward Lansing
• Take Telegraph Rd
• Turn left onto Telegraph Rd
• Destination will be on the right

From the West:

• Take I-696 E toward Port Huron
• Take the exit for Telegraph Rd
• Turn right onto Telegraph Rd
• Destination will be on the right